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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ9067297
Regular
Dec 02, 2014

GUILLERMINA VILLAVICENCIO vs. IVY HILL/CINRAM, SENTRY SELECT INSURANCE

The Workers' Compensation Appeals Board granted reconsideration of the WCJ's decision regarding Guillermina Villavicencio's admitted industrial injury to her low back. The Board found insufficient evidence to determine psychiatric permanent disability, deferring this issue and requiring further record development regarding permanent disability, apportionment, and medical treatment for her sleep disorder. The case is returned to the trial level for further proceedings and a new decision by the WCJ on these deferred issues. A dissenting commissioner agreed with deferring sleep disorder issues but would have affirmed the WCJ's finding of no psychiatric permanent disability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeIndustrial InjuryLow BackMachine OperatorPsycheSleep DisorderPermanent Disability
References
3
Case No. ADJ4566523 (RIV 0077883)
Regular
Dec 20, 2010

James Fleming vs. ALCOA FASTENING SYSTEMS, AMERICAN INSURANCE COMPANY

The Appeals Board granted reconsideration to defer the award of permanent disability, allowing the WCJ to apply Labor Code section 4658(d) after the defendant failed to offer work. While affirming the 15% permanent disability rating, the Board deferred the calculation of indemnity pending further proceedings on the section 4658(d) adjustment. The applicant had argued the WCJ erred by excluding earnings evidence and failing to apply the section 4658(d)(2) increase. The Board adopted the WCJ's reasoning for excluding the new evidence but agreed with the applicant regarding the work offer requirement.

Workers' Compensation Appeals BoardPermanent DisabilityApportionmentDiminished Future Earning CapacityOgilvieReconsiderationLabor Code section 4658(d)Regular Modified Alternative WorkFindings and AwardWCJ Report
References
1
Case No. ADJ10034182
Regular
Aug 02, 2017

RENATO NIEVES vs. PIRATE STAFFING, INTERCARE FOR LUMBERMEN'S UNDERWRITING ALLIANCE, In Liquidation, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The defendant sought reconsideration of the administrative law judge's (WCJ) decision to defer rulings on temporary disability benefits, credit for employment earnings, penalties, interest, and attorney's fees. The WCJ deferred these issues because the applicant's medical reports, crucial for adjudication, were excluded due to the defendant's objections. The Appeals Board denied the defendant's petition, affirming the WCJ's discretion to develop the record and find applicant's testimony sufficient to raise the issue of temporary disability. The Board also noted the defendant's stipulation to causation and failure to raise the post-termination defense at the prior hearing.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderTemporary Disability Indemnity BenefitsCredit for Employment EarningsPenalties and InterestAttorney's FeesJurisdiction ReservedAdmitted Industrial InjuryMedical Reports
References
3
Case No. ADJ7027968, ADJ5681902, ADJ7028675
Regular
Jul 31, 2014

Satbir Singh vs. Cardinal Freight Fleet, Clarendon National Insurance Company, Protective Insurance Company, SS Delivery, Van Liner Insurance Company

This case involves multiple workers' compensation claims filed by applicant Satbir Singh against various defendants, including Cardinal Freight Fleet and its insurers Clarendon National and Protective Insurance Company. The Workers' Compensation Appeals Board (WCAB) is reconsidering prior decisions by the Administrative Law Judge (WCJ). The WCAB has rescinded and substituted decisions for two cases (ADJ7028675 and ADJ5681902), deferring issues of insurance coverage, contribution/apportionment between defendants, and credit for third-party recovery. These deferred issues will be returned to the trial level for further proceedings and decisions by the WCJ. The WCAB affirmed the WCJ's decision in a third case (ADJ7027968) in its entirety.

ReconsiderationWCJApportionmentContributionInsurance CoverageThird Party RecoveryPermanent DisabilityTemporary Total DisabilitySelf-Procured TreatmentDeferred Issues
References
0
Case No. ADJ10065069
Regular
May 16, 2018

MARCIA FARRAR vs. STATE OF CALIFORNIA, UNEMPLOYMENT INSURANCE APPEALS BOARD, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

This case concerns defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) finding of injury arising out of and occurring in the course of employment (AOE/COE) to the applicant's right upper extremity. Defendant argued that no evidence supported injury to other alleged body parts and that the WCJ should have made findings on those parts instead of deferring the issue. The WCAB denied reconsideration, affirming the WCJ's decision to limit the trial to the threshold issue of right upper extremity injury AOE/COE. The WCAB found Dr. Amster's opinion constituted substantial evidence for the right upper extremity injury and that the WCJ acted within their authority by deferring other issues.

Workers' Compensation Appeals BoardAOE/COEQualified Medical ExaminerReconsiderationCumulative TraumaRepetitive Strain InjuryPreexisting ConditionAggravationContributing CauseMandatory Settlement Conference
References
7
Case No. ADJ14559862; ADJ9728061
Regular
Nov 04, 2025

JOSE CHUR vs. THE COPPER MINE, APRICODE KDS, INC., EMPLOYERS ASSURANCE COMPANY

The Workers' Compensation Appeals Board granted defendant's petition for reconsideration. The WCJ initially found applicant sustained an industrial injury to his low back but deferred lien claim jurisdiction pending utilization review. Defendant contested the WCJ's reliance on the primary treating physician's opinion. The Appeals Board determined the record was not properly developed and granted reconsideration to allow further review of factual and legal issues, deferring a final decision on the merits.

Petition for ReconsiderationSubstantial Medical EvidenceAOE/COELien ClaimantUtilization ReviewPrimary Treating PhysicianCumulative TraumaMedical-Legal ReportBurden of ProofPreponderance of Evidence
References
24
Case No. ADJ9054986
Regular
Nov 04, 2015

CARLOS GARCIA vs. KEY ENERGY SERVICES, INC., GALLAGHER BASSETT SERVICES, INC.

This case involves a remand from the Fifth District Court of Appeal to the Workers' Compensation Appeals Board (WCAB). The WCAB is reconsidering a prior award and amending it to defer issues of earnings rate, temporary disability indemnity rate, and total temporary disability indemnity. These deferred issues will be determined by the workers' compensation judge (WCJ) based on the parties' proposed stipulations. The matter is returned to the WCJ to approve the stipulations and issue a new award accordingly.

Workers' Compensation Appeals BoardFifth District Court of AppealRemandStipulationFindings and AwardEarnings RateTemporary Disability IndemnityRescindReconsiderationWorkers' Compensation Judge
References
0
Case No. ADJ8635868
Regular
Nov 16, 2015

MARTINEZ ZAMUDIO vs. MI PUEBLO FOOD CENTER, SAFETY NATIONAL CASUALTY CORPORATION

In this workers' compensation case, the defendant sought reconsideration of a decision finding the applicant sustained industrial injuries and awarded 62% permanent disability. The defendant argued the original decision failed to address apportionment. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, adopting the WCJ's recommendation. The WCAB deferred findings and awards regarding permanent disability and attorney's fees, affirming the original decision in all other respects. The case was returned to the WCJ for further proceedings on the deferred issues.

Petition for ReconsiderationFindings and Awardindustrial injurypermanent disabilityapportionmentdefer permanent disabilitydefer attorney's feesfurther medical treatmentreturned to WCJOpinion and Order Granting
References
0
Case No. ADJ7390437
Regular
Mar 30, 2012

MARIA DUARTE vs. SHAKEY'S USA, INC., THE HARTFORD

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's findings, amending the order to find injury only to the applicant's right knee, with other body parts deferred. While affirming the WCJ's general findings, the Board found insufficient substantial medical evidence to support a finding of injury to the applicant's low back. The case is returned to the trial level for further proceedings regarding the deferred body parts. The Board also accepted the applicant's late-filed answer to the petition for reconsideration in its discretion.

AOE/COEReconsiderationFindings and OrderSubstantial Medical EvidenceMedical HistoryDeferred Body PartsApplicant TestimonyWitness TestimonyMedical RecordsCausation
References
7
Case No. ADJ683842 (SBR 0340933) ADJ3388315 (SBR0294441)
Regular
Apr 17, 2017

MARVIN CAMACHO vs. WESTERN METAL LATHE, SOMPO JAPAN, REMEDY TEMP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, RELIANCE NATIONAL, WILLIAMS FURNACE COMPANY, ST. PAUL FIRE AND MARINE INSURANCE COMPANY

The Appeals Board granted Sompo Japan's petition for reconsideration, affirming the WCJ's finding of special employment for Western Metal Lathe. However, the Board amended the decision to defer the issue of temporary disability due to insufficient notice and opportunity for Sompo to be heard, citing due process concerns. The WCJ's findings on permanent disability and medical treatment remain affirmed, with specific award amounts detailed. Future proceedings must properly address the deferred issue of temporary disability.

Special employmentGeneral employerSpecial employerReliance NationalCIGASompo JapanWCJPetition for ReconsiderationTemporary disabilityMedical treatment
References
4
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